ABHILASHA KUMARI, J.

( 1 ) THIS appeal has been filed by the United India Insurance Co. Ltd. against the judgment and whether reporters of Local Papers may be allowed to see the Judgment" Yes award passed by the Motor Accident Claims Tribunal (Aux.), Vadodara dated 16. 9. 2005 in M. A. C. Petition No. 756 of 1996. The M. A. C. Tribunal has awarded a total compensation of Rs. 12,05,000/- to the respondent No. 1 - claimant. The appellant is challenging the impugned judgment and award to the extent of Rs. 7,05,000/- only. The main ground of challenge in the present appeal is that the inferences drawn and the conclusions arrived at by the m. A. C. Tribunal for awarding the compensation are erroneous, inasmuch as they are based on an incorrect appreciation of the evidence on record, especially the medical evidence, which has persuaded it to come to the conclusion that, looking to the disability suffered by the respondent No. 1- claimant, the compensation of Rs. 12,05,000/- deserves to be awarded.

( 2 ) TO test the veracity of this contention the brief facts giving rise to the claim will have to be recorded. This is a case of injury which has resulted in permanent disability to the extent of 70% in both the legs. The respondent no. 1-claimant was riding on his bicycle on the fateful day i. e. on 4. 1. 1996 at about 5. 15 P. M. When he reached near Jyoti Road crossing near Modern farm, while riding his bicycle on the left hand side of the road, the opponent no. 1 came from behind on a scooter,bearing Registration No. GJ-6/j-270 with full speed, and gave a push to the bicycle of the respondent No. 1-claimant in a careless manner, which resulted in the accident. The respondent No. 1-claimant was working as a labour contractor in Alembic Co. and used to earn Rs. 5000/- per month. Due to the accident in question, his left leg was fractured and he was unable to go to work. The driver of the scooter, which caused the accident, took the claimant to an Orthopaedic Surgeon, Dr. P. N. Dholakia. He was admitted in the hospital for 2 days and his left leg, which was fractured, was plastered. Thereafter, the respondent No. 1-claimant had to attend the hospital every 10 days and, in all he visited the hospital 6 times. Even after the removal of the plaster he had to go to the hospital for exercise as per the instructions of the Doctor and had to take medicines and special diet. In view of the difficulty faced by him, he had to keep two persons to attend to him. Due to the accident, the respondent No. 1-claimant was unable to attend to his work for about 4 months and as a result he had to bear the loss of Rs. 20,000/ -. He was unable to get any further contracts which led to a loss of income.

( 3 ) THE respondent No. 1-claimant suffered permanent physical disability and was unable to work. In addition to the fracture, the respondent No. 1-claimant was also injured behind the head and other parts of the body, and was having a serious pain in the neck. In spite of taking treatment for over two years, he did not recover and Dr. Dholakia advised him to approach a Neuro Surgeon, who opined that the cartilage of the neck and the membrane is damaged. The Neuro surgeon, named Dr. Bhavin Upadhya treated the claimant but still he did not recover. On the contrary, as a result of the injuries sustained in the accident, the respondent No. 1-claimant developed paralysis below the waist and was taken to a Neuro Surgeon Dr. Chetan Trivedi, who advised that an operation would be necessary. The respondent No. 1-claimant then went to Neuro Surgeon Dr. Jwalit Sheth of SSG Hospital, Vadodara and was admitted as an indoor patient in SG Hospital. On 3. 8. 1999 he was operated upon on the neck. Being a risky operation, he remained hosptialised till 7. 8. 99 and thereafter, he was advised to go to the Neuro Surgeon and continue with physiotherapy. However, there was no improvement in the paralysis faced by the respondent No. 1-claimant and on 5. 12. 2001 the respondent No.

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